Where do I stand if my landlord dies?

[liquidspace]

Without meaning to sound mercenary, my landlord is 83, lives alone, has no family. He lives above me and I pay rent to him cash in hand and he signs a little book.

If he died, where would I stand legally? i.e. would I have to move out. Obviously I dont know any of his Will details.

[Ethel]

What are the terms of your tenancy?
Do you have a unfurnished flat, bedsit, or are you a lodger?

How long have you lived there?

Does the landlord own the property, or is he sub-letting?

If he owns the house, and hasn't left it to you in his will, it will probably be sold on the open market and the terms of your tenancy will determine whether you have a secured tenancy and are a 'sitting tenant'.

[liquidspace]

It was a kind of casual agreement, nothing in writing, he advertised this flat in the paper for rent and I went along and took it. He writes down my payments in a little book that you can buy from anywhere.

I have been there since Sept 03, so over three years. It is a part furnished two bed flat. He owns the property, upstairs and downstairs, used to be a house but he converted it.

[Ethel]

It sounds as if you have basic protection as a tenant - which means you cannot be evicted by the landlord without notice.

However, the landlord's death will bring such an agreement to an end, and the executor can serve the required notice (usually a month).

This is an excellent site, with contacts:
http://england.shelter.org.uk/advice/advice-29 32.cfm

[liquidspace]

Thanks for the advice. So what you are saying is that if he dies, the executor (solicitor presumably) of the Will will prob give me a months notice.

I love the building and area where I live and it would seem such a shame for it to be left to the government, I would love him to leave it to me but its very hard to bring up the subject isnt it, its not as if I can just ask if he would leave it to me, I would love to stay living there.

[NORMANTHEDOG]

has he not got any family at all. you might be surprised if hes left a will and left it to you.you never know.

[liquidspace]

He only has one sister, about the same age as him and she had no children either, like he didnt.

He is a lovely man so I hate talking like this, but I cant help wondering what would happen if the inevitable happened.

As I said, its not something I can ask him for is it.

[woodchopper]

You'll just have to grab the bull by the horns and get him to write you into his will - best wishes.

[Solarjunkie]

Try & have a friendly chat over a glass of wine during the Christmas holidays - following on from looking back at happy memories of Christmasses past, it should be possible to gently bring up the subject of future Christmassses. All you can say is that you love the building and the area, and would really hope to stay there, and could you politely enquire about future plans for the property?
Even if you don't get a straight answer, it should have put the subject in his mind.
After a few weeks, you could again broach the subject, as "you had heard" it was recommended to have landlords' wishes in writing when they were of pensionable age.
Good luck.

[themas]

You don't want to risk upsetting him. He could ask you to go at any time by giving a month's notice.

Is the book the payments are written in kept by you? If you pay weekly it should be, and should be a proper rent book (this is a legal requirement for weekly payment), which should have a summary of the terms of the tenancy in it. However, I agree with Ethel - you appear to be a tenant with basic protection.

[liquidspace]

Thanks for all your answers. Yes the book is kept with me - I pay monthly.